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Workers Compensation Vs Federal Employers? Liability

Railroad workers face unique legal hurdles when they suffer injuries at work. In contrast to most workers' compensation laws, railroad workers are able to sue their employers under federal law specifically the Federal Employers' Liability Act (FELA).

To win a FELA claim, railroad workers must demonstrate two things. The first is that the injury was the result of their employer's negligence.

Workers' Compensation vs. FELA


Workers' compensation and FELA are both designed to provide compensation to employees who suffer work-related injuries or illnesses. However they differ in a number of ways. FELA only applies to railroad workers while workers' compensation applies to a wide variety of jobs in the private and public sectors. FELA differs from workers' compensation in that it is determined by the person who caused the accident, damages are awarded, and the manner in which and when cases are heard.

The risk of injury is very high for those working on railroads, which is why FELA was enacted in 1908. Congress passed this law to safeguard workers, their families and themselves in the event of an injury on the job. In order to receive compensation under FELA the worker must demonstrate that their employer violated any federal law or regulation that relates to safety in the workplace. Examples of violations include the Safety Appliance Act (SAA), Boiler Inspection Act (BIA), and Power Brake Law.

FELA also offers compensation for suffering and pain that are not covered by workers' comp. Contrary to a workers' comp claim, which is generally capped at an amount based upon the severity of injuries, an FELA claim can seek compensation for non-economic damages, such as emotional distress and loss of enjoyment life.

The main distinction between FELA compensation and workers compensation is that, in order to be eligible for compensation under FELA the worker has to prove that the employer was at minimum partially responsible for the injury. If an injury suffered by a worker is found to be their fault, their damages could be reduced. For example, if an employee was directed to do something in violation of company policy and were injured as a result, the company could be held 50 percent responsible for their injuries.

Workers' compensation cases have shorter timeframes to submit an claim. In the case of a FELA case the statute of limitation is three years from the date of your injury, however, in the case of workers' compensation the statute of limitations is 1 year. This is why it is crucial to speak with an experienced FELA lawyer as soon as you can after your injury.

FELA vs. State Law

If a railroad worker is injured at work and is injured, they can make a claim under the Federal Employers Liability Act or workers' compensation. Unlike workers' comp statutes which provide benefits regardless of fault, FELA is a statute of liability. Consequently an effective FELA claim requires proof that railroad negligence was at play and that the negligence was responsible for the injury to the worker.

The FELA law, which was enacted in 1908, was enacted to compensate railroad employees who have been injured due to the nature of their job. Prior to the passage of this law, railroad employee accident and death rates were high. This sparked the need to offer railroad workers a extensive coverage that is greater than workers' compensation laws.

A FELA lawsuit must be filed in federal courts because the FELA was passed by Congress. FELA claims can be filed in state courts. For instance the case that was recently heard in Tennessee, Mills v. CSX involved an employee of a railroad who claimed that his employer was liable under the FELA.

FELA claims are similar to claims for workers compensation claims in that they cover lost wages, medical costs, and pain and suffering damages. These damages are based on the fact that a railroad is responsible for the injury or death because of its negligence or a violation of a safety law, such as the Locomotive Inspection Act or the Federal Safety Appliance Act. Additionally the FELA claimant must show that the injury or death was a result of the whole or in part due to the negligence.

FELA cases have improved tort law through the establishment of precedents for issues like emotional distress on the railroad and damages allocation as well as working conditions standards. Particularly, FELA claims have brought federal attention to an employer's non-delegable duty to ensure that its employees are safe in their workplace. This includes off-site locations like private hotels which railroad employees may stay while on business. A railroad attorney can help those who have suffered injuries to obtain the full benefits he or can claim under FELA.

FELA in opposition to. State Workers' Compensation Laws

If workers are injured while working then he or she may apply for workers compensation benefits or sue his employer under FELA. Both laws offer similar benefits, such as medical coverage, cash payouts and loss of future earnings however, they differ in significant ways.

Unlike workers' comp which allows employees to apply for compensation without proving that their employer was at fault for their injuries, FELA requires that the injured railroad employee prove that their employer violated a safety law of the federal government that led to their injury. This includes laws such as the Occupational Safety and Health Administration and the Locomotive Inspection Act and Railroad Safety Appliance Act. It is more difficult to win a FELA case than workers' compensation claims as the evidence of negligence has to be provided.

Additionally, FELA cases allow injured railroad workers to take their case to an open jury trial and have their case determined by a group of their peers, not the administrative authority who oversees workers compensation claims. FELA also does not limit the amount of compensation an injured worker may receive, whereas workers' compensation claims do.

The difference between these two statutes is crucial to be aware of, especially for railroad employees who are exempt from state workers' compensation laws and have to pursue their cases through FELA. If fela Accident Injury Lawyers or someone close to you has been injured by an employee of a railroad, it is important to speak with a knowledgeable FELA lawyers.

Grossman Law Offices can help you learn more about the differences in state laws on workers' compensation and FELA. Contact us today to speak with an attorney. We are prepared to help you maximize the benefits under FELA. Click here to visit the National Division BLET's site to find a certified Designated Legal Counsel (DLC). Grossman Law Offices represents railway workers and their family members in FELA lawsuits. We offer free consultations and are able to discuss your case by phone or in person. Our attorneys are on a contingent basis, meaning that you will not be charged unless you succeed.

FELA Vs. State Workers' Compensation Statutes

The Federal Employers' Liability Act (FELA) allows railroad workers the ability to sue their employers for injury claims. In contrast to workers' compensation which is an amount that is fixed regardless of fault, FELA cases will be decided by juries based upon comparative negligence. Moreover, FELA allows for much larger damage awards.

FELA also provides medical expenses, lost wages (including future earning potential) and death benefits along with pain and suffering. Workers compensation, on contrary, provides temporary medical care and a fixed amount of money to cover long-term disability, which is often far less than what the worker is losing.

The FELA law is applicable to railroads that participate in global or interstate commerce. It permits injured employees and their families to sue their employer for damages directly caused by the company's negligence. This LibGuide is a good place to begin your research. The LibGuide contains hyperlinks to online resources that are available on the Villanova Law Library website. Some of these resources require a password to access.

This LibGuide was developed as a study aid to Villanova Law students. This guide is not intended to be legal advice. If you require more help seek advice from an attorney.

Many workers are unaware that FELA provides railroad employees with special protections. Although many believe that FELA and state laws on workers' compensation are similar, they are very different. Injured railroad workers need to be aware of the differences between the two types of claims so that they receive the best representation. In the event of an injury, a skilled lawyer can assist the injured employee or the family members of a deceased railroad worker to understand the different types of damages that they can claim in their claim. The injured worker will be able to receive the maximum amount of compensation that is allowed by FELA. If you are a railroad worker who has been injured while on the job, call an Designated Legal Counsel (DLC) firm for guidance.